The U.S. Supreme Court has agreed to hear former President Donald Trump's claim for immunity from prosecution, further delaying his criminal trial on charges of conspiracy to overturn his 2020 election loss.
The justices on Wednesday put on hold the criminal case being pursued by special counsel Jack Smith, rejecting a lower court's argument that Trump could not be prosecuted for actions aimed at recovering losses because he was president at the time. The judgment will be reconsidered.
The court will hear arguments in late April and could issue a decision by the end of June at the latest.
That timeline is much faster than usual, but even if a judge rejects Trump's immunity, it's unclear whether the trial could be scheduled and concluded before this year's presidential election.
Trump is the front-runner for the Republican nomination to take on Democrat Joe Biden in the November 5 election.
The former president's lawyers are seeking to postpone the trial until after the vote.
If Trump returns to office, he could use his powers to force the end of a prosecution or pardon himself for federal crimes.
In an unsigned statement, the Supreme Court simply asked: “Whether, and if so to what extent, a former president enjoys immunity from criminal prosecution for conduct he allegedly engaged in in his official capacity while in office.” He said he would consider the first issue.
The issue is an untested one in U.S. jurisprudence because, until the Trump administration, no former U.S. president had ever been charged with a crime.
The case will throw the country's highest judicial body, which has a 6-3 conservative majority and includes three judges appointed by President Trump, into another election.
President Trump praised the court's decision in a post on his social media platforms.
“Without executive privilege, the President would not be able to function properly or make decisions in the best interests of the United States,” Trump wrote. “The president may even be paralyzed by constant concerns about the possibility of unjust prosecution and retribution after he leaves office. This could actually lead to blackmail and threats against the president.”
There was no immediate comment from the Office of the Special Counsel.
Mr. Smith was appointed by U.S. Attorney General Merrick Garland in November 2022. In August 2023, Mr. Smith filed four federal criminal charges against Mr. Trump for election destruction.
The March 4 trial date was postponed after President Trump claimed immunity, but a new date has not yet been set.
Smith is accused of conspiring to commit fraud against the United States, conspiring to obstruct Congressional certification of Biden's election victory, and conspiring against Americans' right to vote.
The charges allege that Trump and his allies falsely claimed the 2020 election was stolen and hatched a plan to use fake electors to prevent Congress from certifying Biden's victory. claims. President Trump also tried to pressure then-Vice President Mike Pence not to proceed with certification. Trump's supporters stormed the Capitol to block the certification.
Last October, President Trump asked for the charges to be dismissed based on claims of immunity.
U.S. District Judge Tanya Chutkan dismissed the claim in December.
During appellate arguments in January at the U.S. Court of Appeals for the District of Columbia Circuit, one of Trump's lawyers told the judge that even if the president offered pardons, sold military secrets, or ordered Navy SEALs to assassinate political opponents, one of Trump's lawyers told the judge Even if he did, the president said he could do it. He cannot face criminal charges unless he is first impeached and convicted by Congress.
On February 6, the commission ruled 3-0 on President Trump's immunity request, stating that “there is no limit to the commission of crimes that nullify the most basic checks on executive power: the recognition and implementation of election results.” rejected President Trump's proposal for “power to
They added: “We cannot accept that the Office of the President continues to hold former presidents above the law.”
President Trump has three other criminal cases pending, including a trial over hush money paid to an adult film actress, scheduled to begin March 25 in New York state court. President Trump has maintained his innocence in all of these charges and is attempting to claim that the incidents were politically motivated.
The Supreme Court is also expected to rule on whether to overturn a judicial decision that excluded Trump from Colorado's Republican primary ballot based on constitutional provisions regarding insurrection.
In arguments on February 8, the Supreme Court justices ruled that Colorado would bar Trump from the state's Republican primary ballot under the 14th Amendment after finding that he was involved in riots related to the Capitol attack. He expressed skepticism about the state Supreme Court's ruling.
The Colorado lawsuit and the immunity suit are the most directly affecting elections since the Supreme Court's 2000 decision against Democrat Al Gore, effectively handing the presidency to Republican George W. Bush. attracted attention.
In a separate case to be argued on April 16, the Supreme Court will decide whether the men involved in the storming of the Capitol can be charged with obstructing formal proceedings, namely Congress' certification of the 2020 election results. agreed.
The case has potential implications for Trump because Smith has filed two obstruction-related charges.